General terms and conditions
Article 1 Scope of Application
(1) The business relationship between the company BURG Services GmbH & Co. KG and the Customer is exclusively subject to the below General Terms and Conditions of Business in the version valid at the time of your order.
(2) By submitting an order, the Customer takes notice of the General Terms and Conditions of Business and expressly agrees thereto. BURG Services GmbH & Co. KG does not accept any deviating and/or additional terms and conditions of the Customer, unless the company BURG Services GmbH & Co. KG accepts such terms and conditions in writing.
(3) Customers within the meaning of these Terms & Conditions are both consumers pursuant to Section 13 of the BGB (German Civil Code) and entrepreneurs pursuant to Section 14 of the BGB. For contracts with merchants and legal entities under private and public law, these Terms & Conditions shall become contract terms for follow-up transactions even without prior express agreement.
(4) The goods offered in our online shop are exclusively directed at purchasers who have reached the age of 18 years.
Article 2 Conclusion of the Contract and Withdrawal
(1) The Customer’s order represents an offer to BURG Services GmbH & Co. KG for the conclusion of a sales contract. By clicking the button “Jetzt zahlungspflichtig bestellen” (Order with obligation to pay), you are submitting a binding purchase offer (Section 145 of the BGB).
(2) After receipt of the purchase offer, you will receive an automated e-mail confirming that we have received your order. Such confirmation of receipt does not constitute any acceptance of your purchase offer. A contract is not established by the confirmation of receipt.
(3) The contract is only entered into upon the written delivery promise and/or delivery of the goods. BURG Services GmbH & Co. KG undertakes to accept the Customer’s order at the respective applicable conditions.
(4) In the event of typographical or printing errors and other mistakes, BURG Services GmbH & Co. KG is entitled to refuse acceptance of the order. BURG Services GmbH & Co. KG reserves the right to perform a credit assessment before contract conclusion and to withdraw from the contract in the event of a negative result.
Article 3 Right of Revocation, Revocation Instruction, Consequences of Revocation
(1) Right of Revocation
You have the right to revoke this contract within fourteen days without stating any reasons.
The revocation period shall be fourteen days from the day on which the goods are taken in possession by you or a third party designated by you who is not the carrier.
In order to exercise your right of revocation, you must inform us,
BURG Services GmbH & Co. KG
Hansestr. 107
51149 Cologne
Telephone: +49 (0) 2203 965 45 – 0
Telefax: +49 (0) 2203 965 45 – 29
E-Mail: info@burg-services.de
by a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. This sample revocation form may be used for such purpose but is not mandatory.
You can fill in and transmit a clear declaration electronically via the contact page at shop.bonn.de. If you make use of this option, we will send you a confirmation of receipt of such revocation (e.g. by e-mail) without any delay.
The revocation period is deemed observed if you send the notice on the exercise of the right of revocation before expiry of the revocation period.
(2) Consequences of Revocation
If you revoke this contract, we shall reimburse you for any payments that we have received from you, including the delivery costs (except for additional costs resulting from your selection of any delivery method other than the most cost-effective standard delivery as offered by us), without any delay and no later than within fourteen days from the date on which we receive your notice of revocation. We will use the same payment method as used by you in the original transaction for such reimbursement, unless expressly agreed otherwise with you; you will not be charged any fees for such reimbursement in any case.
We may withhold the reimbursement until we have received the goods back or until you have proven that you have sent the goods back, whichever is the earlier.
You shall send or hand over the goods without any delay and in any case no later than within fourteen days of the date on which you inform us about your revocation of this contract to us,
BURG Services GmbH & Co. KG
Hansestr. 107
51149 Cologne
Telephone: +49 (0) 2203 965 45 – 0
Telefax: +49 (0) 2203 965 45 – 29
E-Mail: info@burg-services.de
The time period is deemed observed if you dispatch the goods before expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You shall be liable for any loss in value of the goods only if such loss in value is attributable to any handling of the goods not required for inspecting the quality, characteristics and functionality thereof.
Please enclose a copy of the invoice to return deliveries and always state your bank details in order to allow for a repayment to your bank account.
Article 4 Delivery
(1) Where not agreed otherwise, goods will be delivered ex stock to the delivery address stated by the Customer. Information on the delivery period is non-binding, unless a binding delivery date was stated on an exceptional basis.
(2) If the supplier of BURG Services GmbH & Co. KG, despite a contractual obligation, does not supply BURG Services GmbH & Co. KG with the goods ordered, BURG Services GmbH & Co. KG shall be entitled to withdraw from the contract. In such case, the Customer will be immediately informed that the ordered product is not available. The purchase price already paid will be reimbursed without delay.
(3) Orders and deliveries can be ordered by credit card and PayPal.
(4) Delivery is performed exclusively against the shipping and packaging costs stated during the order process.
(5) Damages for late delivery are excluded to the extent there was no gross negligence.
Article 5 Due Date, Payment and Default
(1) The prices set forth on the product pages are stated in EUROS, include the statutory VAT, other price components and do not include the respective shipping costs.
(2) The purchase price becomes due immediately and payable without any deduction upon contract conclusion. BURG Services GmbH & Co. KG shall issue to the Customer an invoice for the goods ordered which will be handed over to the Customer upon delivery of the goods.
(3) If you are in default with a payment, you are obliged to pay statutory default interest at the rate of 5% above the base interest rate. Your will be charged a reminder fee of 2.50 EUR for each written reminder sent to you after occurrence of default, unless proof of lower or higher damage is furnished in the individual case.
(4) Where BURG Services GmbH & Co. KG has demonstrably incurred a higher default damage, BURG Services GmbH & Co. KG shall be entitled to claim such amount.
Article 6 Set-Off, Retention
(1) You shall have a right to offset only if your counterclaim has been legally determined, is not disputed by us or has been recognised by us or has a close synallagmatic relationship to our claim.
(2) You can exercise any rights of retention only to the extent your counterclaim is based upon the same contractual relationship.
Article 7 Reservation of Ownership
(1) Where not agreed otherwise, the goods will be delivered from our warehouse to the address provided by you.
(2) The goods shall remain the property of BURG Services GmbH & Co. KG until the purchase price has been paid in full.
Article 8 Warranty
(1) Where not expressly agreed otherwise, your claims for warranty are based upon the legal provisions of sales law (Article 433 et seq. of the BGB).
(2) If you are a consumer within the meaning of Article 13 of the BGB, the limitation period for warranty claims regarding used goods shall be - in deviation from the legal provisions - one year. Such limitation shall not apply to claims due to any damage resulting from injury to life, limb or health or from the breach of a material contractual obligation the fulfilment of which enables proper implementation of the contract in the first place and on compliance with which the contract partner may regularly rely (“cardinal obligation”) as well as to claims arising from any other damage based upon intentional or grossly negligence breach of duties of the user or their vicarious agents.
(3) Apart from the above, the warranty shall be subject to the legal provisions.
(4) If you are an entrepreneur within the meaning of Section 14 of the BGB, the legal provisions shall apply subject to the following modifications:
- Only our own statements and the product description of the manufacturer shall be binding for the quality of the goods, however, not public advertising and statements and other marketing materials of the manufacturer.
- You are obliged to inspect the goods for deviations in terms of quality and quantities with due care immediately and to notify obvious defects to us within 7 days of receipt of the goods. Timely sending of the notice shall be sufficient to observe the deadline. This shall also apply from the discovery of hidden defects detected later. In case of breach of the duty to inspect and notify defects, any assertion of warranty claims shall be excluded.
- In the event of defects, we will, at our option, we will meet our warranty obligations through rectification or replacement delivery (supplementary performance). In the case of rectification, we are not obliged to bear the increased costs arising from any relocation of the goods to a place other than the place of performance to the extent such relocation is not in accordance with the intended use of the goods.
- If rectification fails twice, you can, at your option, demand a reduction or revoke the contract.
- The warranty period is one year from delivery of the goods.
Article 9 Liability
(1) Unlimited liability: We shall have unlimited liability for intent and gross negligence as well as in accordance with the Produkthaftungsgesetz (German Product Liability Act). For slight negligence, we shall be liable for any damage arising from injury to life, limb and health of individuals.
(2) Apart from the above, the following limited liability shall apply: In the event of slight negligence, we shall only be liable for breach of a material contractual obligation the fulfilment of which enables proper implementation of the contract in the first place and on compliance with which you may regularly rely (cardinal obligation). Liability for slight negligence shall be limited to the amount of the damage foreseeable upon contract conclusion the occurrence of which is typically to be expected. This limitation of liability shall also apply in favour of our vicarious agents.
Article 10 Transport Damage
(1) Where goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us as soon as possible.
(2) Failure to report defects or contact us does not affect your legal warranty claims. However, you would help us asserting our own claims against the carrier and/or the transport insurance company.
Article 11 Data Protection
As a matter of principle, all personal data will be treated in a confidential manner. BURG Services GmbH & Co. KG is entitled to collect, store and process the personal data within the meaning of the German Federal Data Protection Act as required in the course of the business relationship. The Customer authorises:
BURG Services GmbH & Co. KG
Hansestr. 107
51149 Cologne
Telephone: +49 (0) 2203 965 45 – 0
Telefax: +49 (0) 2203 965 45 – 29
to forward such date to credit institutes and contract partners if this serves the purpose of contract performance. The Privacy Policy is separately published at shop.bonn.de and can be downloaded there.
Article 12 Final Provisions
(1) Should one or several provisions of these Terms & Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you are exclusively subject to German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).
(3) If you are a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction is for all disputes arising from or in connection with contracts between us and you.
Article 13 Place of Jurisdiction
The agreed place of jurisdiction shall be Cologne.
Version: January 2017